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Terms and Conditions of Peakfreak.co.uk

(1)      Introduction

These terms and conditions govern your use of Peakfreak.co.uk (the website); by using the website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.

(2)      Licence to use website

Unless otherwise stated, the website owner or the website owners' licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not without express written permission from the website owner:

(a)      Republish material from this website (including republication on another website);

(b)      Sell, rent or sub-license material from the website;

(c)       Show any material from the website in public;

(d)      Reproduce, duplicate, copy or otherwise exploit material on the website for a commercial purpose;

(e)      Edit or otherwise modify any material on the website.

(f)       Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3)      Acceptable use

You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without the website owners express written consent.

You must not use the website to transmit or send unsolicited commercial communications.

You must not use the website for any purposes related to marketing without the website owners express written consent.

(4)      Restricted access

Access to certain areas of the website is restricted.  The website owner reserves the right to restrict access to [other] areas of the website, or indeed the whole website, at the website owners discretion.

You agree that any user ID and password to enable you to access restricted areas of the website or other content or services, you will ensure that that user ID and password is kept confidential. 

The website owner may disable your user ID and password at the website owners sole discretion without notice or explanation.

(5)      User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.

You grant to the website owner a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to the website owner the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the website owner or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the website, or stored on the servers, or hosted or published upon the website.

Not withstanding the website owners’ rights under these terms and conditions in relation to user content, the website owner does not undertake to monitor the submission of such content to, or the publication of such content on, the website.

(6)      Limited warranties

Whilst the website owner endeavours to ensure that the information on this website (excluding user content)  is correct, the website owner does not warrant its completeness or accuracy; nor does the website owner commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law the website owner excludes all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)      Limitations of liability

Nothing in these terms and conditions (or elsewhere on the website) will exclude or limit the website owners liability for fraud, for death or personal injury caused by the website owners negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, the website owners liability to you in relation to the use of the website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)      To the extent that the website and the information and services on the website are provided free-of-charge, the website owner will not be liable for any loss or damage of any nature;

(b)      The website owner will not be liable for any consequential, indirect or special loss or damage;

(c)       The website owner will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)      The website owner will not be liable for any loss or damage arising out of any event or events beyond the website owners’ reasonable control;

(e)      The website owners’ maximum liability in relation to any event or series of related events will be limited to £0

(8)      Indemnity

You hereby indemnify the website owner and undertake to keep the website owner indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the website owner to a third party in settlement of a claim or dispute on the advice of the website owners’ legal advisers) incurred or suffered by the website owner arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(9)      Breaches of these terms and conditions

Without prejudice to the website owners’ other rights under these terms and conditions, if you breach these terms and conditions in any way, the website owner may take such action as the website owner deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10)    Variation

The website owner may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of the website from the date of the publication of the revised terms and conditions on the website.  Please check this page regularly to ensure you are familiar with the current version.

(11)    Assignment

The website owner may transfer, sub-contract or otherwise deal with the website owners’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

(12)    Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13)    Exclusion of third party rights

These terms and conditions are for the benefit of you and the website owner, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of the website owners’ and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(14)    Entire agreement

These terms and conditions, together with the website privacy policy, constitute the entire agreement between you and the website owner in relation to your use of the website, and supersede all previous agreements in respect of your use of this website.

(15)    Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

These terms and conditions are based on a precedent
available at Website Contracts and Website Law